The Evaluation Of Criminal Law Of Improving Credibility By The Opposite Direction

The case of improving credibility by the opposite direction went through a long process from being conducted prosecution to make a judgement.It's how to find a suitable imputation and don't violate the principle of legality.The crime of sabotaging production and business operations is evolved by the crime of sabotaging collective production in the 79 Criminal Law,and it is adjusted to the chapter of property torts from the chapter of destroy the order of the socialist market economy.This adjustment bring some disputes when crime of sabotaging production and business operations applied.With the rapid development of the information age,criminals make use of the advantages of network technology to make waves in Cyberspace.Because of there is a great difference between the objective environment and the real environment of the crime,there are great obstacles in the determination of crime and the application of criminal law.The trend of the expansion of traditional crime to the network has not been reversed,there are a lot of network crimes,include the crime of sabotaging production and business operations.The key is how to explain the crime of sabotaging production and business operations.The current criminal law through reasonable explanation is applied to the network space,to resolve the legal difficulties,avoid indulging crime.This article is analyzed by case analysis,put forward some questions during applying the crime of sabotaging production and business operations.Research and Discussion on key elements in the crime of destroying production and operation.Combining the characteristics of the network operation,the conclusion of this case constitutes the conclusion that the crime of production and management is destroyed.Finally,it puts forward suggestions on the application of the crime of destroying production and operation,and calls for reasonable regulation on the network of traditional crime.This article is divided into four parts.The first part makes a brief introduction to the case,a list of directors,destruction of production and operation in the case of qualitative theoretical circles and different opinions,and then pointed out that the issue of this case.The second part is to explore the nature of crime and the social harmfulness of this case.The third part analyzes the legal problems that may be involved in the specific analysis of the case,contrast and reference some scholars and judicial practice workers' opinions,and makes a detailed analysis of the crime of damaging commercial reputation,the crime of commodity reputation and the crime of destroying production and operation from the subjective aspects,the behavior objects and the practice behavior,and gives the "malice"."The act constitutes a crime of damaging production and business,and does not constitute a crime against commercial reputation or reputation.The fourth part analyses the behavior characteristics of the two members of Dong Xie,and further points out the reasons for the destruction of the crime by the two parties on the basis of the specific case facts on the basis of the qualitative case,and puts forward some suggestions on the difficult problems in the application of the crime of destroying the production and management,and has appealed to the present situation of the traditional crime network,so as to consolidate the criminal law in the maintenance of the criminal law The status of cyberspace order.For the crime of destroying production and operation,modifying the provisions and issuing judicial interpretations are effective ways to solve the difficulties.